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Liability for Tenants Property

  Writ of Recovery:

A Writ of Restitution is a legal order commanding the defendant to vacate the premises described in the complaint.   Once the Writ has been served by the Sheriff, the defendant has 24 hours to vacate the premises.   The fee for the Writ is $57.00.  It must be served by the sheriff who will charge fees for service.  If he is unable to serve it personally he may post it in a conspicuous place.

If the defendant disobeys the Writ you should notify the Sheriff, who may then physically remove the defendant.  A bonded moving company, under the direction of the Sheriff, will remove defendant's personal belongings and store them in a bonded warehouse.  The landlord must arrange for the moving and storage and pay the fees.

The defendant has 60 days to redeem the stored property.  To redeem it, he must pay for the moving and storage costs.   If unclaimed after 60 days, the property may be auctioned off by the landlord.   The proceeds are then applied to the moving, storage, and related expenses incurred.

The landlord is not allowed to sell or seize the tenant's personal property to pay off rent owed or damages on the rental unit or to force payment of rent, M.S. 504B.101